American Center blast accused Aftab Ansari wants to be political prisoner

NEW DELHI: The West Bengal government will have to amend its law, and redefine a political prisoner, if Aftab Ansari, accused in the American Center blast, is to be denied the status, the law ministry has told the home ministry.

Home minister Sushil Kumar Shinde had sought the law ministry's opinion on what the Centre could do to stop Maoists and terrorists from claiming the status of political prisoners, citing the West Bengal Correctional Services Act, 1992.

In a judgment dated August 8, the Kolkata HC had granted political prisoner status to several Maoists, which bestowed on them special rights, including separate cell, chair, table, access to books and periodicals and home-cooked food.

The home ministry wrote to the West Bengal government on October 9, asking it to amend the said law, so that no jailed terror accused or Maoists could claim benefits of a political prisoner.

It also asked the state to appeal against the verdict before a larger bench of the high court or file a special leave petition before the Supreme Court to challenge the judgment. The West Bengal government is yet to act.

"The West Bengal government promised to bring an ordinance to amend the law but has so far taken no action on the same, which has prompted Aftab Ansari to move court asking for the same benefits as extended by a Kolkata court to seven jailed Maoists. The law ministry has also informed the Centre that as prisons is a state subject, there is little the Centre can do to amend the said law," a home ministry source said.

The Centre also wished to become a party in the appeal to be filed by the West Bengal government to challenge the high court verdict but the time for an appeal has already lapsed with the state government making no move.

The Centre is worried as a high court verdict has a 'pan-India' implication. Hence it the West Bengal Correctional Services Act, 1992, to be amended so that the status of political prisoners will not be available to any member of an organisation which is proscribed under the Unlawful Activities (Prevention) Act.